1. (a) In this title, “contractual employee” means an individual:

   1. (1) who, under a written agreement, provides temporary personal services to the State for pay;
   2. (2) who is not employed in a budgeted position; and

   3. (3) who has an employer-employee relationship with the State in which the State:

      1. (i) furnishes necessary tools and a place to work;
      2. (ii) has the right to control and direct the details, means, and results of the performance of the services; and
      3. (iii) has the right to discharge the individual from employment.

2. (b) “Contractual employee” does not include an individual who is employed as:

   1. (1) an employee in the:

      1. (i) skilled service;
      2. (ii) professional service;
      3. (iii) management service; or
      4. (iv) executive service; or
   2. (2) an emergency employee.

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996.